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1994R06A- ENDANGERED SPECIES ACT (ESA) RESOLUTION NO. Cf'l--R-GA A RESOLUTION WHEREAS, the Endangered Species Act (ESA) was adopted in 1973 with good intentions; and WHEREAS, the ESA has to regulate how private property and other property been interpreted and implemented ownerShip must relate to real rights; and WHEREAS, property ownership is now being impacted by variables such as legislative and regulatory vagaries; and WHEREAS, under property owner may be and be inhibited from recent application of the ESA a denied certain practices on their land profits from the use or sale; and WHEREAS, in the past, environmental protection laws have concentrated on point sources of pollution and have spread the cost of complying with those laws throughout society; the ESA is being implemented by agencies such as the U.S. Fish and Wildlife Service (FWS) in such a way that the cost of complYing with the law and the FWS regulations falls upon the individual property owner; and WHEREAS, Constitution compensation public use; the Fifth Amendment to the United States requires the government to pay just when the government takes private property for and WHEREAS, the ESA implementation does not recognize private property ownership; NOW THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT Congress be urged to modify legislation and regulations of the ESA to correct misapplications and mismanagement; and to recognize if the government wants property and it is determined that such property is needed for the publiC good, the government should pay a fair price for the property loss or use thereof. .. BE IT FURTHER RESOLVED, THAT the City Council of the City of Schertz, Texas, asks that their Congressional representatives consider remedial action. Passed, approved S. ff',oT"'AJ b"'/z' V and adopted this the , 1994. Co day of Texas (SEAL OF CITY)